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B-309982.2 1 (2008-06-24)

handle is hein.gao/gaobadarp0001 and id is 1 raw text is: Gi A O Comptroller General Acoun l Integri ity of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been *eiinapproved for public release. D e c i s i o n ----------------------------------------------------------- Matter of: Master Lock Company, LLC File: B-309982.2 Date: June 24, 2008 William M. Weisberg, Esq., Beth L. Jacobson, Esq., and Joyce L. Tong, Esq., Sullivan & Worcester LLP, for the protester. Matthew 0. Geary, Esq., Defense Logistics Agency, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where agency's evaluation of awardee's proposal as neutral under two evaluation factors resulted in those factors not being considered in the tradeoff determination, which was inconsistent with solicitation's award criteria. 2. Protest is denied where agency reasonably relied on awardee's representations regarding compliance with the Trade Agreements Act. DECISION Master Lock Company, LLC protests the award of a contract to Evergreen Specialty Services under request for proposals (RFP) SPM5L5-07-R-0056, issued by the Defense Logistics Agency (DLA) for low security padlocks. Master Lock contends that the agency improperly evaluated the offerors' technical proposals and the awardee's representations regarding compliance with the Trade Agreements Act (TAA), and that the award determination was inconsistent with the stated evaluation criteria. We sustain the protest. BACKGROUND The RFP was issued on February 5, 2007, and sought proposals to provide 35 types of low-security padlocks. The RFP anticipated the award of one or more fixed-price, indefinite-quantity contracts, subject to an economic price adjustment clause, with a 1-year base performance period and four 1-year option periods.

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